Grimes v. Meehan

Grimes v. Meehan

Defendant's failure to retrieve or act on registered mail and his failure to make reasonable inquiries about the rescheduled hearing did not constitute a reasonable excuse under s.23(4); accordingly the application to set aside the order was dismissed and the order confirmed.

Citation
2004 NSSM 17
Parties
Claimant: KATHLEEN GRIMES; Defendant: MARK MEEHAN
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
8 April 2004
Procedural Posture
Small Claims Court Claim / Application Under S.23(4) to Set Aside Default Order (post Judgment)
Outcome
Application dismissed; default order confirmed.
Legal Topics
Setting Aside Default Order, Reasonable Excuse, Registered Mail Notice, Adjucator Discretion
Source Language
English
Civil Procedure Small Claims Default Judgment Service of Process Setting Aside Default Order Reasonable Excuse Registered Mail Notice Adjucator Discretion

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Parties

KATHLEEN GRIMES

Claimant

MARK MEEHAN

Defendant

Procedural Posture

Small Claims Court Claim / Application Under S.23(4) to Set Aside Default Order (post Judgment)

Legal Issues

  1. 1 Whether defendant had a reasonable excuse under s.23(4) for failing to attend the hearing
  2. 2 Whether defendant appeared without unreasonable delay after learning of the order
  3. 3 Whether adjudicator should set aside the order and grant a new hearing

Ratio Decidendi

Defendant's failure to retrieve or act on registered mail and his failure to make reasonable inquiries about the rescheduled hearing did not constitute a reasonable excuse under s.23(4); accordingly the application to set aside the order was dismissed and the order confirmed.

Court Disposition

Application dismissed; default order confirmed.

Orders

  • Application to set aside the order dismissed.
  • Order of March 22, 2004 confirmed.